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Two questions:

My daughter is 16 years old. adjuster claims no judge approval is required in his settlement offer due to no "permanency? He said....."right there is no permanency to your daughters injuries?" I responded, "Im no medical provider so I wouldn't know." He then goes on and states, well since there is no permanency, we don't need a judges approval. Is this correct?

And last, the adjuster had made hi offer although it has only been verbal over the phone. It is entered into their system and has been ackknowledged by several employees as their claims office.

Can they withdraw the offer for any reason at this point?

I honestly get the strong feeling this adjuster is playing games, I don't trust him. He is trying to bait me into answering questions, etc.

So is a judges approval needed?

Can they withdraw the settlement offer?

2007-11-06 07:58:25 · 5 answers · asked by Anonymous in Politics & Government Law & Ethics

5 answers

A judge only needs to approve settlements if a lawsuit has been filed.
Yes they can withdrawal the offer as you have not accepted it yet.

If you feel the offer is far and your doctor does not believe she will need further treatment then accept the offer.

Some people will tell you to milk it for all it's worth, however I have seen this backfire more often than work. You could end up paying a lawyer to get you the initial offer.

If you feel the offer is not fair and will not cover your losses and expenses then hire a lawyer. Some insurance companies will be fair, some will not and need to be pushed.

2007-11-06 08:07:02 · answer #1 · answered by davidmi711 7 · 1 1

Yes, they can withdraw the offer: there's no deal until you accept their offer. Actually, in this case, there's no deal until a judge approves it, as your daughter is under 18 and living at home, therefore she's not emancipated.

"Permanency" in personal injuries means that six months following the occurrence, whatever residual is left (pain, reduced range of motion, loss of function, scarring) is deemed "permanent."

Without having a medical report on your daughter, there is no way for me to evaluate the case,but this I guarantee: if you don't have a lawyer on your side, you are not getting top dollar for your daughter's injuries. When you identify a lawyer, make sure you make him recognize that there is already a settlement offer on the table. You don't need to lead with your chin about the face that the company is waffling on their settlement. His fee should be a percentage of what he is able to extract over and above the existing offer.

And you absolutely, positively must have court approval to settle the case until your daughter turns 18.

2007-11-06 08:33:50 · answer #2 · answered by Anonymous · 0 1

You only need a judge if there has been a law suit filed. Adjusters will make settlement claims based on the fact that your daughter has no permanent injury and it will be final when you sign the paperwork. She wont be able to go back for more money later if her injuries turn out to be worse. Most adjusters low ball offers and you have to sue them to even break even. Nothing is final until you get it in writing.

2007-11-06 08:08:26 · answer #3 · answered by Diane M 7 · 1 2

If they've you in PT now, your fees are going to boost. Go see a attorney. He'll begin the swimsuit out at 1 or so, and you can come to be with first-class payment. In ordinary, keep in mind three or four occasions the clinical fees for suffering and anguish. However, if you're nonetheless seeing anyone for the suffering, the fees will upward thrust, and whenever you signal that payment file the coverage organization is completed with you. 100k minimal, on your pocket is what you must be searching for.

2016-09-05 12:10:44 · answer #4 · answered by ? 4 · 0 0

It sounds to me like you need a lawyer - you need protection in case something comes up later that is a result of your daughter's injury.

Don't speak to the insurance company without your lawyer's permission.

Good luck.

2007-11-06 08:07:11 · answer #5 · answered by MARY N 4 · 1 1

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